Kirk Alphanso Allen Plaintiff vs. Kristen A Obrien, et al Defendant

Case Background

On May 29, 2021, Kirk Alphanso Allen filed an auto negligence lawsuit against Kristen O’Brien after sustaining injuries in a motor vehicle accident near an intersection in Broward County, Florida.

The case was filed in the Florida State, Broward County, Seventeenth Circuit Court. Judge Carlos Augusto Rodriguez presided over this lawsuit. [Case number: CACE21010762]

Cause

On April 12, 2021, Plaintiff Kirk Alphanso Allen was driving his vehicle near the intersection of W Hillsboro Blvd and SW 34th Ave in Deerfield Beach, Broward County, Florida. On the same day and in the same area, Defendant Kristen O’Brien was driving Francis O’Brien’s vehicle. She negligently operated her vehicle in a way that caused a collision with Plaintiff Allen’s vehicle.

Damages

As a direct result of Defendant Kristen O’Brien’s negligent driving, Plaintiff Kirk Alphanso Allen suffered bodily injury, pain, and suffering. He also experienced mental anguish, loss of enjoyment of life, and inconvenience. Additionally, he incurred expenses for hospitalization, medical care, and treatment.

He lost earnings and his ability to earn income. Furthermore, his pre-existing condition was aggravated. These losses were either permanent or ongoing, and Plaintiff would continue to suffer in the future.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s): Kirk Alphanso Allen
    • Counsel for Plaintiff(s): Nixon Laroche | Igor Hernandez
  • Defendant(s): Kristen O’Brien | Francis O’Brien
    • Counsel for Defendant(s): George L Fernandez | Dexter Romanez | Gabriel C. Dobrin

Claims

The Plaintiff included a negligence claim in their auto negligence lawsuit. Defendant Kristen O’Brien had a responsibility to operate the vehicle with reasonable care and to comply with Florida’s traffic laws. As a result of the Defendant’s failure to meet these obligations, the Plaintiff suffered harm. Additionally, the Plaintiff’s complaint includes a claim of vicarious liability against Defendant Francis O’Brien.

Defense

Defendants, Kristen A. O’Brien and Francis O’Brien, through their attorney, filed their Answer and Affirmative Defenses to the Amended Complaint. They admitted certain allegations but denied others. The Defendants claimed entitlement to a set-off for damages covered by Plaintiff’s collateral source benefits and for payments exceeding the billed amount. They argued that Plaintiff’s negligence and failure to mitigate damages should reduce recovery. The Defendants also stated that Plaintiff’s claim was barred under Florida’s No-Fault Law and that failure to use a seatbelt contributed to the damages. They further asserted that Plaintiff’s failure to submit medical charges inflated the damages.

Jury Verdict

On November 22, 2024, the jury found both parties liable, assigning 55% of negligence to Defendant Kristen O’Brien and 45% to Plaintiff Kirk Allen.

A. Medical Expense

  • Past: $191,640.42
  • Future: $850,000

B. Non-economic damages

  • Past: $157,560
  • Future: $1,000,000

The verdict totaled $2,199,200.42 with 45% comparative negligence.

Court Documents:

Complaint

Answer

Verdict